BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, FATEHABAD.
Complaint no.28/2017.
Date of instt.30.01.2017.
Date of Decision:03.10.2017.
Rampal son of Prithvi son of Patram, resident of village Sadalpur, Tehsil Adampur, District Hisar.
..Complainant.
Versus
1.The Fatehabad Central Co-operative Bank Ltd., Fatehabad through its General Manager.
2.Bajaj Allianz Life Insurance Company Ltd. D.C.F. Tower, Block 415, Shivaji Marg, Moti Nagar, West Delhi 110015, through Chairman cum Managing Director.
..Opposite parties.
Complaint under Section 12 of Consumer Protection Act, 1986.
Before Sh.Raghbir Singh, President.
Sh.R.S.Panghal, Member.
Smt.Ansuya Bishnoi, Member.
Present : Sh.Anil Kumar Godara, Advocate for complainant.
Sh.M.K.Dharnia, Advocate for the OP No.1.
Sh.Suraj Kiran, Advocate for the OP No.2.
ORDER
The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant with the averments that Late Sh.Prithvi Singh, father of the complainant had availed two insurance policies bearing No.0277393745 and 0279817406 from OP No.2 through OP No.1. The premium of both the policies amounting to Rs.10,000/- had been paid vide Cheque No.187451 to the OPs through Sh.Hanuman agent of OP No.2. In the said policy the complainant was the nominee of Prithvi Singh. It is further averred that Sh. Prithvi Singh died on 31.08.2013 and information regarding the same was given to the OPs. For settlement of the claim all the formalities as desired by the OPs were completed by the complainant and all requisite documents were furnished to the OPs. Thereafter __OP No.1 also requested to OP No.2 for settlement of the claim. However, the OP No.2 settled the claim of the complainant regarding one policy and made payment of Rs.1,32,543/- to the complainant. However neither payment regarding the other policy was made to the complainant nor any reason was conveyed to the complainant by OP no.2. OP No.1 also requested to OP no.2 for settlement of the claim for another policy vide letters dated 05.01.2015, 24.07.2015 and 31.03.2016. However nothing was done on the part of OP no.2. A legal notice was also served to the OP No.2 through counsel but to no avail. It is further submitted that the complainant is entitled for receiving Rs.1,32,543/- from OP No.2 along-with compensation for mental agony and physical harassment suffered by him. Hence, this complaint.
2. On notice OP no.1 appeared and filed written statement submitting therein that the documents received by the bank from the complainant regarding death claim of Prithvi Singh were forwarded to the company on 11.03.2015, 05.01.2015, 25.03.2015, 24.07.2015 and 21.08.2015 with relevant record. It is also admitted by the OP No.1 that letters were written by the bank to OP No.2 for settlement of the claim of the complainant. It is also submitted that the dispute in the present case is between the complainant and OP No.2 and there is no deficiency on the part of OP No.1 in rendering service to the complainant. Therefore the complaint is liable to be dismissed against OP No.1.
On notice OP No.2 appeared and resisted the complaint by filing a written statement wherein various preliminary objections with regard to maintainability, case of action and locus-standi, abuse of process of law, the complainant is estopped to file the present complaint by his act and conduct etc. has been raised. On merits it has been submitted that the deceased life assured had deposited only one premium of Rs.5000/- with the OP No.2. After receipt of the information of death of DLA the claim of the complainant was duly considered and a compensation of Rs.1,32,543/- has been transferred in the account of the complainant. It is further submitted that since no premium was paid for another policy as such the claim was not paid to the complainant for that policy. The OP No.2 has further prayed for dismissal of the complaint being without any merit.
3. In evidence the complainant tendered his affidavit as Annexure C1 wherein he has reiterated the averments made in the complaint. The complainant also tendered in evidence documents as Annexures C2 to C19 in support of his case and closed the evidence. On the other hand OP No.2 tendered in evidence affidavit of Rajender, authorized person of OP No.2 as Annexure RW1/A and closed his evidence, OP No.1 tendered in evidence documents as Annexures R1 to R7 and closed the evidence.
4. We have heard the arguments advanced by counsel for the parties and have also examined all the documents placed on the case file. It is the case of complainant that Late Sh.Prithvi Singh, father of the complainant had got himself insured vide two insurance policies bearing No.0277393745 dated 31.07.2012 and 0279817406 dated 31.08.2012 and payment of the same amounting to Rs.10,000/- (Rs.5000/- each) was made to the OP vide Cheque No.187451. However after death of life assured a sum of Rs.1,32,543/- has been released to the complainant against one policy and no amount has been released against the another policy. Whereas it is the case of OP No.2 that premium only against one policy was received and payment against that policy has been made and no premium against the other policy was received and as such no payment against the other policy has been made. We have examined the documents placed on record of the file to ascertain as to whether premium for both the policies has been paid or not. From documents produced by the complainant and correspondence made by OP no.1 with OP No.2 it is evident that the DLA had made payment of premium of both the policies. A perusal of Ex.C-6 i.e. voucher No.1787 dated 29.07.2013 reveals that an amount of Rs.10,000/- has been debited from the account of Branch Office, village Bighar and credited in favour of OP No.2. Vide Ex.C-7 the OP No.1 has communicated to General Manager, Central Co-op Bank, Fatehabad that an amount of Rs.10,000/- has been credited in favour of the company as premium of both the policies in question. Vide Ex.C-8 dated 05.05.2015 the OP No.1 has intimated to OP No.2 that Prithvi Singh had availed two policies and an amount of Rs.10,000/- has been deposited in B.O.Bighar dated 29.07.2013 and a H.O.Voucher passed No.1787 dc No. 914 dated 29.07.2013 was issued in favour of Bajaj Allianze Life Insurance Company vide DD No.187451/-. From Ex.C-19 it is also established that an amount of Rs.10,000/- was credited in favour of OP No.2 vide Cheque No.187451 dated 29.07.2013. The OP No.1 vide letter dated 31.03.2016 Ex.C-11 has communicated to the OP No.2 that Sh.Prithvi Singh who was their depositor had purchased two policies from OP No.2 and paid premium of Rs.5000/- for each policy. The depositor died on 21.08.2013. However payment for one policy has been made by the company and no payment for another policy has been made. However no evidence has been produced by the OP No.2 to rebut the above letters/documents. Therefore the complainant has been able to establish that a premium of Rs.5000/- for another policy has been deposited by him and deficiency on the part of OP No.2 in rendering service to the complainant is proved. Accordingly the present is allowed and OP no.2 is directed to make payment of insurance benefits amounting to Rs.1,32,543/- to the complainant alongwith compensation of Rs.5000/- on account of physical harassment and mental agony etc. within a period of one month failing which the complainant will be at liberty to initiate proceeding against him as per Rules. Both the parties will bear their own cost. Copy of this order be communicated to the parties free of costs. File be consigned to the record after due compliance.
Announced in open Forum.
Dated: 03.10.2017.
(Raghbir Singh)
President
(Ansuya Bishnoi) (R.S.Panghal) District Consumer Disputes
Member Member Redressal Forum,Fatehabad
